Starker Exchange

A Starker exchange is a delayed 1031 exchange — named after the 1979 Starker v. United States case that legitimized multi-day exchanges — and is the standard structure for modern like-kind transactions.

What it means

Before Starker, the IRS interpreted Section 1031 narrowly to require simultaneous swap of properties. In Starker v. United States (602 F.2d 1341, 9th Cir. 1979), the court held that an exchange could occur over time, with a delay between the sale of the relinquished property and the purchase of the replacement. Congress codified the delayed-exchange framework in 1984 and the 45-day/180-day deadlines.

Modern practitioners rarely call them "Starker exchanges" — today "1031 exchange" refers to a delayed exchange by default. The term still appears in older materials and exchange attorney practice.

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